Page:Ruffhead - The Statutes at Large - vol 6.djvu/735

 A. D. 1746. Anno decimo nono Georgii II. C. 22. 669 XV. And be it further enacted by the Authority aforefaid, That from and after the faid firft Day of 21 Jk.i.c. "• June one thoufand kven hundred and forty-fix, an Act made in the twenty-firft Year of the Reign of •"""''X^' King James the Firft, intituled, An Ail to prevent and reform profane Curfing and Swearing; and alfo an c " '*' ' cpeJ,i: • Act made in the fixth and feventh Years of the Reign of King William the Third, intituled, An Act for the more effectual fuppr effing profane Curfing and Swearing, {hall be and are hereby repealed. CAP. XXII., An Act for the better Prefervation of Havens, Roads, Channels, and navigable Rivers, within that Part of Great Britain called England. « TTTHERHAS Matters and Owners of, and other Perfons belonging to Ships, Craycrs or other ' and Obftruttion of Navigation, and the Offenders often go unpunifhed, for want of a further and more ' fpeedy Method of bringing them to Juftice :' For Remedy whereof, may it pleafc your Majefty, that it may be enacted ; and be it enacted by the King's molt Excellent Majefty, by and with the Advic - and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament aflembled, and by the Authority of the fame, That if at any Time, from and after the firft Day of June Sue thouf.ind Maflw*, &c feven hundred and forty-fix, any Mafter or Owner, or any Perfon acting as Mailer ofany Ship, Pink, ' h '" '■'„'" | °' Jt Crayer, Lighter, Keil-boat, or other VefTel whatfoever, fhall caft, throw out, or unlade; or if at any- ^ Time, from and after the Day aforefaid, there {hall be caft, thrown out, or unladen from and out o;"a.^v out of anv Ship, Ship, Pink, Crayer, Lighter, Keil-boat, or other Vellel whatfoever, being or riJing within any Haven, Scc - inHaibour, Port. Road, Channel or navigable River, within that Part of Great Britain called England, any Ballaft, &l r Rubbifli, Gravel, Earth, Stone, Wreck or Filth, but only upon the Land where the Tide or Water never flows or runs ; it fhall and may be lawful for any one or more Juftice or Juftices of the Peace for but upon dry the County, City, Town Corporate, Liberty or Place, where or near which fuch Offence fhall be com- Land only, Ju- mitted, upon Information thereof, and he and they are hereby authorized and required, to fummon or (1ic " ma y iffue illue out his or their Warrant or Warrants, to apprehend and bring before him or them the Mafter or Warrants > Mafters, Owner or Owners of any fuch Ship, Pink, Crayer, Lighter, Keil-boat or other VefTel, or other Perfon or Perfons acting as fuch, againft whom fuch Complaint or Information fhall be made or given; and upon his, her or their Appearance or Default, to proceed to examine the Matter of Fait, and ana u ? cn Pruof > upon due Proof made (either by the Confeffion of the Party offending, or on View of fuch Juftice or Ju- &c " ftices, or upon the Oath or Oaths of one or more credible Witnefs or WitnelTes, which Oaths the faid Juftices are hereby impowered and required to adminifter) that any Ballaft, Rubbifli, Earth, Gravel, Stone, Wreck or Filth, had been caft, unladen, or thrown out of, or from any Ship, Pink, Crayer, Lighter, Keil-boat, or other VefTel, the Mafter or Mafters, or Perfon or Perfons acting as Mafter or Ma- fters thereof, fliall be adjudged, and he and they are hereby reflectively declared to be the Offenders againft this Act; and he and they being by fuch Juftice or Juftices (or any of the Ways or Means afore- fine them rot faid) thereof convicted, fhall forfeit and pay for every fuch Offence any Sum, not exceeding the Sum of more than s i. five Pounds, nor under fifty Shillings, at the Difcretion of fuch Juftice or Juftices, the one Moiety thereof nor lefs than 5 &s. to the Informer, and the other Moiety thereof to the Overfeers of the Poor of the Pariih, Town or Place wherein fuch Conviction fliall be pronounced, for the Ufe of the Poor there. II. And be it further enacted, That the Penalties inflicted or incurred by this Act, fliall be recovered Penalties how and levied by Diftrefs and Sale either of the Goods and Chattels of the Perfons fo convicted refpectively recoverable. as aforefaid, or of the Ship, Pink, Crayer, Lighter, Keil-boat, or other Veils], or of their Tickle, Ap- parel or Furniture (by Warrant or Warrants under the Hand and Seal, or Hands and Seals of fuch Ju- ftice or Juftices, and which he and they are hereby impowered and required, on fuch Conviction as afore- faid to make, and to direct the fame to the Conftables, orto the Tyrhingman, or other proper Officer of the Parifh, Town or Place where fuch Warrants are refpectively to be executed ; and which Warrants the Conftables and Tythingmen, and Officers aforefaid, are hereby refpectively required to execute) to- gether with the Charges of fuch Diftrefs and Sale, rendering^ the Overplus (if any be, after demand in. Writing) to the refpective Owners thereof; and for want of fufficient Diftrefs, the faid Juftice or Juftices Forwant of Di- are hereby impowered and required to commit fuch Mafter or Mafters, or Perfon or Perfons acting as l4t=;s "> be com- fuch, and fo convicted as aforefaid, to the common Gaol of the County, City, Town Corporate, or to mlttei1, the Houfe of Correction of the County where the Offenders fliall be refpectively convicted as aforefaid, there to remain for the Space of two Months, or until Payment^ fhall be made of the Penalties and For- feitures, or fo much thereof, as for the Nonpayment of which fuch Commitment fliall be. ' III. And whereas it frequently happens, that Ships and VefTels are run on Shore, funk or ftranded in Ship funk or ' {nattered Condition, and the Owner, or fome other Perfon having, or pretending to have the Com- 4 mand or Power of fuch Ship or VefTel, frequently fliip off or take away the Rigging, Tackle and other ' feis flicking or running thereon, but by filling up the Channel in fuch Harbours and Places, fo as to ' moved
 * ■ W VefTels coming into Havens, Ports, Roads, Channels or navigable Rivers, within that Part of
 * • Great Britain called England, do caft, throw out, and unlade their Ballaft, either on the Shore, or on
 * the Side, and below the ufual full Sea Mark, and frequently do other Annoyances, to the Detriment
 * Harbours, Ports, Channels and navigable Rivers, or are brought or drove into the fame in a ruinous or^^ed, &c
 * valuable Parts thereof, and permit the Hulk to link in the Sand, in fuch Harbours and Places as afore-
 * faid, and there to remain; and great Damages often happen thereby, not only by other Ships and Vef-
 * render the fame impracticable, or very difficult or dangerous for Navigation, before the fame can be re-.